Case information
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30995
Jocelyn Binet, et al. v. Pharmascience Inc., et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-04-27 | Appeal closed | |
| 2007-04-27 | Certificate of taxation issued to, D. Paulin of Lavery, De Billy (re: J. Binet) | |
| 2007-04-27 | Certificate of taxation issued to, B. Belleau of Bernard, Roy & Ass., c.c. Noel & Ass. (re: A. G. Quebec) | |
| 2007-04-26 | Decision on the bill of costs, taxed at the amount of $14,332.79 re: J. Binet, Reg | |
| 2007-04-26 | Decision on the bill of costs, taxed at the amount of $8,511.61 re: A. G. Quebec, Reg | |
| 2007-04-26 | Submission of the bill of costs, (J. Binet), Reg | |
| 2007-04-26 | Submission of the bill of costs, (A. G. Quebec), Reg | |
| 2007-03-20 | Payment out cheque issued, ($523.36) | |
| 2007-03-16 | Correspondence received from, P. Frère dated March 16, 2007 (fax copy) re: bill of costs | Jocelyn Binet |
| 2007-03-14 | Approved order for payment out, (sent to Finance March 14/07) | |
| 2007-03-14 | Order on miscellaneous motion | |
| 2007-03-14 |
Decision on miscellaneous motion, for an order for paying out security for costs, DeRg Granted |
|
| 2007-03-12 | Submission of miscellaneous motion, DeRg | |
| 2007-03-05 | Bill of costs, Completed on: 2007-03-05 | Attorney General of Quebec |
| 2007-02-19 | Bill of costs, Completed on: 2007-02-19 | Jocelyn Binet |
| 2007-02-15 | Notice of miscellaneous motion, for payment out of Court (Security), Completed on: 2007-02-15 | Jocelyn Binet |
| 2006-10-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-10-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-10-26 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-015060-049, dated April 25, 2005, heard on May 9, 2006, is allowed with costs throughout and the injunction order made by the Quebec Superior Court is restored. Fish and Abella JJ. are dissenting. Allowed, with costs |
|
| 2006-05-23 | Transcript received, (71 pages) | |
| 2006-05-09 | Judgment reserved OR rendered with reasons to follow | |
| 2006-05-09 | Respondent's condensed book, Submitted in Court (14 copies) | Pharmascience Inc. |
| 2006-05-09 | Appellant's condensed book, Submitted in Court (14 copies) | Attorney General of Quebec |
| 2006-05-09 | Appellant's condensed book, Submitted in Court (14 copies) | Jocelyn Binet |
| 2006-05-09 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-05-09 |
Hearing of the appeal, 2006-05-09, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-05-08 | Notice of appearance, Mathieu Bouchard will also be present at the hearing. | Pharmascience Inc. |
| 2006-05-08 | Correspondence received from, Denise Merzbacher dated May 8, 2006. Re: Erratum in factum. | Pharmascience Inc. |
| 2006-04-28 | Notice of appearance, Philippe Frère, Odette Jobin-Laberge and Josiane L'Heureux will be present at the hearing. | Jocelyn Binet |
| 2006-04-20 | Notice of appearance, Benoît Belleau and Pierre Arguin will be appearing. | Attorney General of Quebec |
| 2006-04-13 | Correspondence received from, Sylvie E. Roussel dated Apr. 13/06 re: will not be filing a factum in response to A.G. of Qc | Jocelyn Binet |
| 2006-04-12 | Correspondence received from, Pierre Arguin dated Apr. 12/06 re: will not be filing a suppl. factum | Attorney General of Quebec |
| 2006-04-07 | Appeal perfected for hearing | |
| 2006-04-05 | Respondent's book of authorities, Vol. I & II, Completed on: 2006-04-05 | Pharmascience Inc. |
| 2006-04-05 | Respondent's record, (24 copies), Completed on: 2006-04-05 | Pharmascience Inc. |
| 2006-04-05 | Respondent's factum, Vol. I to IV (Legislation vol. II to IV) - New CD rec'd May 9/06, Completed on: 2006-04-05 | Pharmascience Inc. |
| 2006-03-10 | Notice of hearing sent to parties | |
| 2006-03-10 |
Appeal hearing scheduled, 2006-05-09 Judgment reserved |
|
| 2006-02-13 | Appellant's book of authorities, Vol. I and II, Completed on: 2006-02-13 | Attorney General of Quebec |
| 2006-02-13 | Appellant's factum, Completed on: 2006-02-13 | Attorney General of Quebec |
| 2006-02-10 | Appellant's record, Vol. 1 to 4 - joint, Completed on: 2006-02-10 | Jocelyn Binet |
| 2006-02-10 | Appellant's book of authorities, Vol. 1and 2, Completed on: 2006-02-10 | Jocelyn Binet |
| 2006-02-10 | Appellant's factum, Completed on: 2006-02-10 | Jocelyn Binet |
| 2006-02-02 | Notice of appearance, Guy Du Pont, Marc-André Boutin and Jean-Philippe Groleau will be appearing. | Pharmascience Inc. |
| 2005-11-21 | Notice of deposit for security, receipt 2674 | Jocelyn Binet |
| 2005-11-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-11-18 | Notice of appeal, Completed on: 2005-11-18 | Attorney General of Quebec |
| 2005-11-18 | Notice of appeal, Completed on: 2005-11-18 | Jocelyn Binet |
| 2005-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-21 | Judgment on leave sent to the parties | |
| 2005-10-20 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-015060-049, dated April 25, 2005, are granted with costs to the Applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2005-09-26 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-09-06 | Applicant's reply to respondent's argument, Completed on: 2005-09-06 | Attorney General of Quebec |
| 2005-08-29 | Respondent's response on the application for leave to appeal, Letter dated Aug. 29, from Noel & Associés, advising that they will not respond to the application filed by the Attorney General of Quebec., Completed on: 2005-08-29 | Jocelyn Binet |
| 2005-08-26 | Respondent's response on the application for leave to appeal, (Response to A.G. of Quebec) Service missing - Rec'd August 31, 2005, Completed on: 2005-08-31 | Pharmascience Inc. |
| 2005-08-25 | Applicant's reply to respondent's argument, Completed on: 2005-08-25 | Jocelyn Binet |
| 2005-08-16 | Respondent's response on the application for leave to appeal, filed by Jocelyn Binet, Completed on: 2005-08-22 | Pharmascience Inc. |
| 2005-07-19 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-06-27 | Application for leave to appeal, (SECOND APPLICATION), Completed on: 2005-06-27 | Attorney General of Quebec |
| 2005-06-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-06-17 | Application for leave to appeal, (FIRST APPLICATION), Completed on: 2005-06-17 | Jocelyn Binet |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Binet, Jocelyn | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pharmascience Inc. | Respondent | Active |
| Goodman, Morris S. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pharmascience Inc. | Respondent | Active |
| Goodman, Morris S. | Respondent | Active |
Counsel
Party: Binet, Jocelyn
Counsel
Odette Jobin-Laberge
Josiane L'Heureux
1, Place Ville-Marie
40e étage
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Quebec
Counsel
Pierre Arquin
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51478
FAX: (514) 873-7074
Email: benoit.belleau@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Pharmascience Inc.
Counsel
Marc-André Boutin
Mathieu Bouchard
Jean-Philippe Groleau
26e étage
1501, avenue McGill College
Montréal, Quebec
H3A 3N9
Telephone: (514) 841-6406
FAX: (514) 841-6499
Email: gdupont@dwpv.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Goodman, Morris S.
Counsel
Marc-André Boutin
Mathieu Bouchard
Jean-Philippe Groleau
26e étage
1501, avenue McGill College
Montréal, Quebec
H3A 3N9
Telephone: (514) 841-6406
FAX: (514) 841-6499
Email: gdupont@dwpv.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Canadian Charter (civil) - Labour law - Law of professions - Statutes - Interpretation - Disciplinary inquiry by syndic of pharmacists - Pharmaceutical company subject to injunction to produce documents for an inquiry into illegal benefits given to pharmacists by manufacturers of generic drugs - Canadian Charter of Rights and Freedoms, s. 8 - Professional Code, R.S.Q., c. C-26, ss. 2, 114 and 122 - Whether, in conducting inquiry, syndic of professional order can require third party to provide documents - Whether Superior Court could issue injunction requiring Respondent Pharmascience to hand over documents sought by syndic.
In 2003, the syndic of pharmacists began an inquiry into allegations that financial benefits were being accepted from manufacturers of generic drugs, contrary to the professional ethics of pharmacists. The information available to the syndic implicated Pharmascience, a major manufacturer. The syndic asked Pharmascience and its co-founder and chairman of the board Mr. Goodman, himself a pharmacist, to provide all documents necessary for the inquiry.
Pharmascience and Mr. Goodman brought a motion in the Superior Court to obtain a declaratory judgment to the effect that s. 122 of the Professional Code, on which the syndic relied, did not apply to them and violated their rights under the charters. The syndic responded by filing a cross demand requesting an order to produce the documents in question.
The Superior Court dismissed the motion for a declaratory judgment and allowed the syndic’s cross demand. It ordered Pharmascience to hand over the documents sought by the syndic and also ordered provisional execution notwithstanding appeal. The Court of Appeal reversed that judgment. In its view, an appropriate and constitutionally valid interpretation of s. 122 of the Professional Code would, at least outside the framework of a formal complaint, limit the application of the syndic’s coercive power to professionals themselves, whereas the two persons in this case were third parties.
Lower court rulings
Superior Court of Quebec
Rejet de la requête en ordonnace de surseoir à l'exécution d'une demande de production de documents.
Court of Appeal of Quebec (Montréal)
Rejet de l'appel
Court of Appeal of Quebec (Montréal)
Rejet de la nouvelle requête en sursis
Superior Court of Quebec
500-17-017508-030
Rejet de la requête des intimés en jugement déclaratoire d'inopposabilité aux intimés d'une demande de production de documents; accueil de la demande reconventionnelle du syndic demandeur en production de documents; ordonnance émise contre ...
Court of Appeal of Quebec (Montréal)
500-09-015060-049
Appel accueilli; ordonnance émise contre le syndic demandeur de remettre immédiatement à l'intimée Pharmascience les documents obtenus et de ne pas en utiliser le contenu
Memorandums of argument on application for leave to appeal
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Factums on appeal
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